How to Claim Personal Injury Compensation

Personal injury claims typically arise as a result of an accident. Maybe someone rear-ended your car in traffic and you were injured as a result, or maybe you were getting coffee when you slipped and fell – these are examples of personal injury claims. If someone else caused your injuries, or had some duty to prevent injuries or protect you from harm, they may owe you money.^{[1]XResearch source}

Method 1

Method 1 of 3:

Filing an Insurance Claim

1
Find out if there is an insurance policy. If you believe someone else is responsible for your injuries, you need to find out if they have liability insurance to cover their negligence.
- Occasionally, you'll be working with your own insurance company. For example, if you're in a car wreck with someone who doesn't have insurance, but you carry uninsured motorist coverage, your insurance company will pay for the injuries you suffered.^{[2]XResearch source}
2
Talk to the claims adjuster. Once a claim is filed, either by yourself or by the other party, a claims adjuster will call to get your side of the story, find out the extent of your injuries, and assess your physical, mental and emotional damage.^{[3]XResearch source}
- You don't need to prove anything to the claims adjuster, just relate the facts from your side of the situation. You want to emphasize that the other person was careless while you were careful, and that the accident wouldn't have happened if they had been more careful.^{[4]XResearch source}
- Speak calmly and politely, and treat the claims adjuster with respect and professional courtesy. Avoid getting too personal and try to remember that the adjuster is just doing her job. She's not an evil villain, and she's not out to get you.^{[5]XResearch source}
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3
Attempt to negotiate a settlement. Typically, the claims adjuster will calculate the damages from your injury, such as your medical expenses and lost wages for time off work, and arrive at a number she feels will compensate you.^{[6]XResearch source}
- Don't jump at the first offer the claims adjuster extends, even if the amount sounds okay to you. Claims adjusters usually have permission for a range of offers, and they start at the lowest end of that range.^{[7]XResearch source}
- During negotiations, don't expect the claims adjuster to explain to you what formula she's using to compute the monetary damages she's offering you. If you want to make your own calculations, try using an online personal injury calculator, or talk to an attorney about valuing your case.^{[8]XResearch source}
- Look at all of your documents and read any notes you've made about the accident or your injuries before you begin negotiations with the adjuster. You want the facts to be fresh in your mind and you want to have them immediately available, rather than having to hem and haw.^{[9]XResearch source}
4
Review your settlement. If you are unsure whether the amount the adjuster offers you is fair, or if you believe you should get more, consider having a personal injury attorney review your settlement. The attorney may be able to get you more money.
- Make sure you read the settlement documents carefully before you sign. For example, your settlement may contain a clause that precludes you from filing a lawsuit in the future if something else happens related to the accident. This would mean that if you had complications years later that related back to the original injury you sustained in the accident, you'd be unable to get any more money.
- If an attorney assists you in negotiating your settlement, he will be entitled to a fee, typically paid as a percentage of the settlement. That percentage is capped in most states if the claim settles before a lawsuit is filed.^{[10]XResearch source}
5
Receive your check. Once you sign the paperwork agreeing to settle your claim, you should receive your money from the insurance company within a few weeks.
- If you have a lawyer, he will receive the settlement check and take his fees out before distributing the remainder to you.^{[11]XResearch source}
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Method 2

Method 2 of 3:

Using Mediation

1
Educate yourself about the mediation process. Mediation is designed to allow parties to resolve their disputes amicably and spare the time and expense of a formal court proceeding.
- You and the insurance adjuster will sit down with a neutral third party. The costs of mediation usually are split between you and the insurance company.^{[12]XResearch source}
- Mediation may have the most benefit when negotiations with the insurance adjuster have reached a stalemate and you feel like your only other option would be to file a lawsuit in court.^{[13]XResearch source}
2
Attend your mediation meeting. The format varies, but typically you will be given at least one opportunity to talk to the mediator alone, and then will interact with the insurance adjuster while the mediator facilitates your communication.^{[14]XResearch source}
- You don't need any documents or witnesses other than what you've already made available to the insurance adjuster.^{[15]XResearch source}
- Even though mediation proceedings are informal compared to court procedures, with simpler rules, you should still consider hiring an attorney to help guide you through the process. You won't have to pay your attorney anything up front; instead, she'll take a percentage of whatever settlement you accept.^{[16]XResearch source}
If the claim is relatively simple, the mediator should be able to help you and the insurance adjuster meet in the middle within a few hours.^{[17]XResearch source}
4
Review your settlement. Once you and the adjuster have come to an agreement, the mediator will ensure the terms of the settlement are put in writing for you to read.
- If you have any questions about the terms, the mediator may be able to explain them or get the insurance adjuster to explain them, but the mediator is not your attorney and cannot offer you advice on whether you should accept a given term.
5
Receive your check. Although you probably won't receive a check right there at the mediation, you should get one in the mail within a few days after you sign the settlement paperwork.
- If you hired a lawyer, the check will go to her. She'll take her percentage, then write you a check for the rest of the settlement proceeds.^{[18]XResearch source}
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Method 3

Method 3 of 3:

Filing a Lawsuit

1
Hire an attorney to represent you. If you want to file a personal injury lawsuit, you should find a good attorney. Personal injury attorneys typically work on contingency, which means you won't pay any fees unless you win your case. If you do win, or if your case settles, the attorney takes a percentage of the money you receive – usually between 30 and 40 percent.^{[19]XResearch source}
- Immediately after she's hired, your lawyer will get to work investigating your claim and reviewing your medical records. If she believes she can settle your case, she may get in touch with the insurance adjuster and see if the matter can be resolved without filing a lawsuit.^{[20]XResearch source}
- Your lawyer probably will not want to file a lawsuit until your medical treatment has ended and your doctors have declared you have recovered as much as you ever will – a condition legally referred to as maximum medical improvement (MMI). Until that point, it's difficult to know how much your case is worth.^{[21]XResearch source}
2
File your initial complaint. As the plaintiff, it's your job to file a complaint with the correct court alleging that the person or company you're suing caused your injuries and owes you money as a result.
- Once your complaint is filed, the insurance company may be more willing to settle the case. Personal injury cases can take a couple of years to even get to trial, and the other side typically doesn't want the matter up in the air for that long any more than you do.^{[22]XResearch source}
3
Participate in the pre-trial discovery process. If the other side doesn't settle, you'll engage in the process of asking each other questions and sharing documents relevant to the dispute through discovery, a process that can last six months to a year.^{[23]XResearch source}
- For example, if your injuries were treated by medical professionals, the other side may request your medical records to verify your course of treatment and the cost of any medications or procedures.
- As part of the discovery process, the attorney on the other side may want to depose you, meaning she will meet with you and ask you questions under oath. Both sides may depose each other or other witnesses in the case. For example, if you sought medical treatment for your injuries, the other side may want to depose your doctor.^{[24]XResearch source}
4
Appear in court for trial. If the trial date arrives and you still have not reached settlement, you will have your day in court.^{[25]XResearch source}
- A jury will be chosen unless your case is being heard only by a judge. After the jury is seated, attorneys for each side give their opening statements. Then your attorney has the chance to present your case.^{[26]XResearch source}
- If you are called to the witness stand to testify, remember that you are under oath and must tell the truth. Be respectful and polite both to the judge and to the attorneys. If you don't understand a question that's asked, say so and request clarification.
- Generally, avoid speaking unless asked a direct question. Don't interrupt or blurt out statements. When asked a question, answer only that question as succinctly as possible rather than rambling on about other details.
- When your attorney finishes presenting your case, the other side will have the same opportunity, then both sides will give closing arguments. The judge will instruct the jury and they will deliberate and make their decision.^{[27]XResearch source}
5
Collect damages if you win your case. Being awarded damages isn't the same as collecting them, and it's possible you were awarded more money than the other side is willing or able to pay. The other side may appeal the award or refuse to pay.
- If the other side doesn't pay, your attorney can help with the collections process by filing motions in court to place liens on property or garnish wages.^{[28]XResearch source}
- When the other side does pay, they'll send the check to your attorney. He'll take out costs and a percentage for his fees, then distribute the remainder to you.^{[29]XResearch source}
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As soon as possible after an accident, write down as many details as possible. Memory fades over time and you may forget facts that turn out to be important later on.^{[30]XResearch source}
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